CONSIMTAMANTUL LA PRELEVARE SI TRASPLANT - THE CONSENT FOR ORGAN PROCUREMENT AND TRANSPLANTATION (Romanian version)

Calina Jugastru
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Calina Jugastru: Lector univ. dr. la Universitatea „Lucian Blaga” din Sibiu, Facultatea de Drept Simion Barnutiu

Jurnalul de Studii Juridice, 2010, vol. 1, 303-308

Abstract: The procurement and transplantation of organs, tissues and cells of human origin are regulated within the Law No. 95/2006 on health care reform. The primary condition for the two acts is the consent of the living donor, or of his legal representative – in the case of the deceased donor (for the procurement) and of the organ receiver (for the transplantation). The consent for organ procurement and transplantation is a special consent, considering the conditions expressly requested by law. Thus, it is regulated that the physician is compelled to obtain the previous, clear consent of the patient, according to the forms embodied in the annexes to the Law No. 95/2006. Prior to the intervention, the obligation to inform the patient about the risks involved by the procurement or transplantation and the foreseeable evolution of the state of health, must be performed. The sole case in which one can proceed to transplantation in the absence of the consent is that of the impossibility of the sick to express his agreement. The members of his family or his legal representative will give their consent on his behalf: in the event when they cannot be contacted, the physician will surgically intervene if any delay would lead to the patient’s decease.

Keywords: human body; procurement; transplantation; living donor; deceased donor; conditions; special consent (search for similar items in EconPapers)
JEL-codes: A23 K36 (search for similar items in EconPapers)
Date: 2010
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